Chapter 15 · Utilities

Article 1. General Provisions

Sections 15-101 to 15-115 · 15 sections

15-101 Definition.

For purposes of this chapter, utility services means refuse, trash, garbage or other solid waste collection and disposal, sewer, water, gas and electric power services, as may now or at some future time be provided by the City.

(K.S.A. 12-808c; Ord. 680, Sec. 1)

15-102 Rates.

The city will establish a system of utility revenues through a separate ordinance sufficient to pay annual debt service and anticipated operation and maintenance expenses. The water revenue system will consist of a combination of a monthly minimum charge and a rate per unit of water used. The sewer revenue system will consist of a combination of a monthly minimum charge and an average rate per unit of water used during the winter months of December, January, February and March with exceptions made for potential leaks during such time.

The base fee for the utility services will be prorated for customers who disconnect service.

15-103 Application for service.

Every person will make application in writing to the city clerk for service. The application shall be in such form as shall from time to time, be prescribed by the governing body.

15-104 Utility deposit.

At the time of making application for utility service, the property owner or customer shall make a deposit in the amount set by the governing body to secure payment of accrued bills or bills due on discontinuance of service. Except, in conformance with K.S.A. 12-808c, the City Clerk shall require a single deposit to be paid by a customer who is a non-owner tenant for all utility services, in an amount not to exceed an amount equal to the expected average bills for a three-month period for such utility services. Receipt thereof shall be issued to each such depositor. Interest shall be payable at a rate determined by the state corporation commission yearly and credited to the customer’s account January 1st of each calendar year.

On the second interest payment date following the deposit required above, the city clerk shall refund the deposit of any depositor where such utility service is being furnished and has not been delinquent in payment of any utility service charge for a twelve-month period. Interest due and accrued shall not draw interest.

Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded together with the accrued interest thereon less any amount due and owing the city for services furnished prior thereto or it may be credited towards the payment of the final bill rendered to the customer. Deposit refunds will be made at the next regularly scheduled accounts payable cycle.

Any security deposit not refunded within three years after discontinuance of service shall be deposited in the utility fund of the city upon compliance with the provisions of K.S.A. 12-822 as amended.

(Ord. 680, Sec. 3; Ord. 477, Sec. 14; Code 2004)

15-105 Monthly billings.

All monthly utility bills are due and payable at city hall on the 15th day of each month. The city shall be entitled to a delinquent payment of ten percent per month on the delinquent amount.

If services are terminated because of non-payment and the utility bill is thereafter paid in full, services to the premises may be reinstated on payment of a disconnection fee of $50. The customer may make advance payment arrangements to avoid service termination.

In the event that the city receives more than one insufficient funds check from a customer in payment of their utility bill, then the customer shall in all future payments of their utility bill pay the same in cash or cash equivalent. Receipt of an insufficient funds check shall be treated by the city clerk as an unpaid utility bill and the penalties will be assessed as set forth by ordinance for providing a check of insufficient funds to the city.

(Ord. 680, Sec. 4; Ord. 477, Sec. 9; Code 2004; Code 2021)

15-106 Delinquent accounts.

Unless otherwise provided, utility services shall be terminated for nonpayment of service fees or charges.

15-107 Notice; hearing.

(a)If a utility bill has not been paid on or before the due date as provided in this chapter, a delinquency and termination notice shall be issued by the city clerk and mailed to the customer at the last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same persons.

(b)The notice shall state:

(1)The amount due of the unpaid balance plus the delinquency charge

(2)Notice that service will be terminated if the amount is not paid by the date specified unless the date on the notice to pay the charges due shall be on a Saturday, Sunday, or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges;

(3)Notice that the customer has the right to a hearing before the designated hearing officer.

(4)Notice that the request for a hearing must be in writing and filed with the city clerk no later than three days prior to the date of termination of service.

(c)Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time and place of the hearing which shall be held within three working days following receipt of the request.

(Ord. 680, Sec. 6; Ord. 477; Code 2004)

15-108 Same; finding.

Following the hearing, if the governing body or its delegate shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk. If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified either in person or by mailing a letter to his or her last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service.

(Code 2004)

15-109 Disconnection and reconnection of service.

If the city public works department is dispatched to terminate service for nonpayment of a utility bill, but before service is terminated the bill is paid in full, the consumer shall be charged the applicable disconnection fee set forth.

Payments for disconnection will only be accepted at city hall. No city employee shall accept payment outside of city hall. Connection for a new service or for non-payment of an account will take place during normal business hours Monday through Friday at city hall. Service will not be reconnected unless a person 18 years of age or older is present at the residence. No service that has been disconnected for nonpayment will be reconnected after office hours or on weekends. If water is re-connected by someone other than a city employee without the city’s approval the occupant will be charged with theft of services in municipal court.

(Ord. 680, Sec. 7; Ord. 477, Sec. 12; Code 2004)

15-110 Liability to property owners.

(a)Each owner of real property within the city, to which services are supplied, and who is the actual user of the services is hereafter liable to the city for all charges for providing such city services to the real property.

(b)In the event such utilities are not paid within the time and in the manner required by ordinance of the city, the city clerk shall attempt to collect the delinquent amount using a reputable collection agency.

(Ord. 477, Sec. 16; Code 2004)

15-111 Lien for utility services.

(a)Except as provided in subsection (b), if any person, firm, corporation, organization, political or taxing subdivision of the state or other entity other than the state of Kansas and the federal government residing, occupying, using or operating on property to which is provided utility services by the City, neglects, fails or refuses to pay the fees or charges for such service, the unpaid fees or charges shall constitute a lien upon the property to which such utility service is provided. The amount of the unpaid fees or charges shall be certified by the governing body of Colwich to the county clerk of the county in which such property is located, to be placed on the tax roll for collection, subject to the same penalties and collected in the same manner as other taxes are collected by law. The governing body may refuse the delivery of such utility service as otherwise permitted by law until such time as such charges are fully paid.

(b)A lien shall not attach to property for unpaid utility fees or charges, when the utility service has been contracted for by a tenant and not by the landlord or owner of the property to which such service is provided.

15-112 Unlawful to inhabit buildings without utility service.

It shall be unlawful to occupy a building which has no utility service as required by this Code. This section shall not apply when such service is unavailable due to the service provider’s inability to provide such service, temporary cessation to repair or service water or sewer lines, or act of God. This section shall be applicable when such service has been terminated for longer than 7 days due to the contracting party’s failure to provide payment for such service.

(Ord. 680, Sec. 10)

15-113 Enforcement.

Enforcement of all articles of this Code within the boundaries of the City shall be by the enforcement official(s) designated by the governing body, and jurisdiction for prosecution of any violations of this code shall be in the Colwich Municipal Court. Each day of violation shall be a separate offense.

15-114 Penalties and fines.

The designated enforcement official shall notify the tenant and owner or authorized agent of the owner, of a building or premises in which there is found a violation of this article, of such violation. The contracting party shall be given a reasonable time to have the violation corrected. If the contracting party fails to correct the violation within the specified time the City shall cease delivery of utilities to the building or premises until the violation shall be satisfactorily corrected. Violations of this article shall result in fines being imposed upon conviction thereof by the municipal court judge of the city.

(Ord. 680, Sec. 11; K.S.A. 12-808c)

15-115 Red flag program.

An Identity Theft Prevention Program, (hereinafter “Red Flag Program”), has been adopted by the City and shall be maintained in the office of the City Clerk.

This Identity Theft Prevention Program (hereinafter “Program”) has been developed pursuant to the Federal Trade Commission’s (hereinafter “FTC”) Red Flag Rule, which implements Section 114 of the Fair and Accurate Credit Transaction Act of 2003 regarding “Creditors” which includes all accounts maintained by municipal utilities. The City of Colwich does maintain municipal utility accounts as described in 16 C.F.R. §681.2(3). This Program is designed to detect, prevent and mitigate the crime of Identity Theft in connection with the opening and maintenance of certain utility accounts as described below.

This Program was developed with oversight and approval of the City Council of the City of Colwich, Kansas. After consideration of the size and complexity of the City’s operations and account systems, and the nature and scope of the City’s activities, the Colwich City Council has determined that this Program is appropriate for the City of Colwich and approved this Program by separate Resolution.

This Program will be periodically reviewed and updated to reflect changes in risks to customers and the soundness of the Utility from Identity Theft. At least annually, the City Clerk will consider the City’s experiences with identity theft situations, changes in identity theft methods, changes in identity theft detection and prevention methods, changes in types of Accounts the Utility maintains and changes in the Utility’s business arrangements with other entities.